Ch. 8
8.1.1
8.1.1
Chapter 8. COPYRIGHT IN WORKS FIRST PUBLISHED ABROAD (INCLUDING AD INTERIM COPYRIGHT)
Part 8.1 IN GENERAL
8.1.1
First publication abroad.
I.
What constitutes.For purposes of this chapter of the Compendium, a work is regarded as first published abroad it first publication took place in a foreign country - that is, in a country which is outside the territorial limits of the United States and which is not an incorporated or unincorporated territory of the United States or an organized area under the jurisdiction of the United States.
II.
Simultaneous Pubication. For purposes of this chapter of the Compendium, though not necessarily for other purposes, publication in the United States and in a foreign country on the same day will generally be regarded as first publication in the United States rather than first publication abroad.
Exceptions:
a.
In the case of an English-language book or periodical manufactured abroad but otherwise eligible for full term registration under the U.C.C. and the exemptions of § 9(c), simultaneous publication in the United
States and in a foreign country will not prevent registration on Form A-B Foreign. A cautionary letter should be sent in such cases.b.
In the case of an English-language book or periodical, manufactured abroad but otherwise eligible for ad interim copyright, simultaneous publication in the United States and in a foreign country will not pre
vent ad interim registration. A cautionary letter should also be sent in these cases.8.1.2
Copyrightability of works first published abroad. Except in the following two cases, the place of publication is immaterial in determining the basic copyrightability of a work.
I.
Publication in a U.C.C. country Where the author of a work is not a citizen or domiciliary of the United states, the work is copyrightable if first published in e foreign country that is a party to the U.C.C., even if the author is a citizen of a country with which the United States does not have copyright relations.
8-5
(April 1961)
